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INCITED MEDIA, INC., IS PROVIDING THE CONTENT TO ITS WEB SITES ON AN "AS
IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER AND DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE AND NON-INFRINGEMENT. INCITED MEDIA, INC., WILL NOT BE LIABLE FOR
ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, OR SIMILAR DAMAGES, OR FOR CLAIMS OF DAMAGES THAT MAY RESULT
FROM THE USE OF ANY INFORMATION, OR FROM INCONVENIENCE, DELAY OF USE OF
INFORMATION OR FOR OMISSIONS OR INACCURACIES IN ANY INFORMATION MADE BY
YOU OR ANYONE ELSE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE
ANY CLAIM YOU MAY HAVE AGAINST INCITED MEDIA, INC., OR ANY OTHER PERSON
WITH RESPECT TO ANY INFORMATION. EACH PARTY ACKNOWLEDGES THAT THIS
LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION
BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN
CONNECTION WITH THIS USE AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF, LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE INCITED MEDIA, INC., WEB
SITES, OR WITH ANY OF THE TERMS OF THIS USE AGREEMENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INCITED MEDIA, INC., WEB
SITES.
You agree to indemnify, defend and hold harmless Incited Media, Inc.,
its directors, officers, employees and agents from and against all
claims, damages, liabilities, costs, and expenses (including reasonable
legal fees and expenses) arising out of, or related to this Use
Agreement.
This Use Agreement shall be governed by the law (but not the choice of
law doctrines) of the state of California, regardless of whether you
reside or transact business with Incited Media, Inc.,in California or
elsewhere.
This Use Agreement constitutes the complete and exclusive agreement
between you and Incited Media, Inc., and supersedes and governs all
prior proposals, agreements, or other modifications.
If any term, provision, or condition of this Use Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the rest
of the Use Agreement shall remain in full force and effect and shall in
no way be affected or invalidated.
This Use Agreement may not be amended or modified by you except by means
of a written document signed by both you and an authorized
representative of Incited Media, Inc.
The information contained on the Incited Media, Inc.'s, Web Sites are
protected by applicable copyright law. You agree not to reproduce,
transmit, disseminate, sell, distribute, publish, broadcast, circulate
or commercially exploit the information without the express written
consent of Incited Media, Inc., or the independent parties, individuals
and entities who advertise their products and services.
Incited Media, Inc., reserves the right to change the terms, conditions,
and notices under which the Incited Media, Inc., Web Sites are offered,
including but not limited to the changes associated with the use of the
Incited Media, Inc., Web Sites. You are responsible for regularly
reviewing these terms and conditions.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Incited Media, Inc., as a result of
this agreement or use of the Incited Media, Inc., Web Sites.
The information appearing in the Incited Media, Inc., Web Sites is
intended as general information and does not constitute legal, tax
accounting or other professional advice. Individual situations and
state laws vary and users are encouraged to obtain appropriate advice
from qualified professionals in the applicable jurisdictions. |
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